MAGIC TEXT AND EMAIL! FINALLY

[pramak9]

That is the best I could describe. This morning I logged in to my USCIS account and to my surprise I saw the update on our I-485’s as “CARD/DOCUMENT PRODUCTION”. For a moment I couldn’t believe if it was true, as I was reading on few forums that some people from 2008 PD’s have their status changed to “CARD/DOCUMENT PRODUCTION” in APRIL and MAY and still waiting for their GC’s.

And when I was wondering why I didn’t get an EMAIL or TEXT, a minute later there was this BUZZZZZ on my phone and there they are. Now am just waiting for our CARDS and hoping the email and text are not any system Errors. And here’s my GC Profile

PD: July, 2007

EB2 India

ND: October, 2011

EAD & AP: December, 2011

RFE: February, 2012

LUD: March 26, 2012 RFE Response Review

[tusharvk]

congrats.

your patience got rewarded finally.

any idea why they took so much time? I mean you got rfe after nearly 4 months ( I thought they maintained 4 months as their processing times)

[gcwaiter99]

Congratulations !!!

[nda050325]

Hearty congratulations on getting the GC.

Can you share the details of the RFE and the response ?

[Belle]

Congratulations! Also, interesting development given the public opinion that there are no more visa numbers for EB2 India.

[pramak9]

Thank you Belle & others.

There's an interesting story behind this approval. When we received our EAD and AP combo cards in Dec 2011, with typographical errors and in Feb 2012 we applied for corrections. We couldn’t receive any updates despite several follow ups. Finally we applied for renewal of EAD and AP in the last week of March 2012. Our Attorney said he received an email last day of the week stating that they are tired of our follow up and hence approving our GC’s.

So what I am assuming is re-applying for EAD & AP triggered to approval of my GC. I believe there are visa number’s available for cases with earlier PD of Aug 2007. But issuing only to few interesting cases and somebody like us getting lucky there.

[nda050325]

Can you share the details of the RFE and the response ?

[Belle]

Well, as I thought, the visa numbers ARE availble, but just for the select few. The squeaky wheel gets the grease. Well done!

[JoeF]

Congrats. They probably already had gotten visa numbers from DOS before DOS ran out of visa numbers.

[pramak9]

Can you share the details of the RFE and the response ?

Well the RFE was for "Copy of Birth certificates for both primary and dependant and maintained H4 status proof for dependant (I-94 copy)"

We responded with (for primary)

1) Copy of Original BC

2) Two affidavits of birth from Family friends/Relatives

3) Educational Documents with birth date mentioned

(for dependant)

1) Copy of Original BC (Birth registered in march 2012)

2) Two affidavits of birth from Family friends/Relatives

3) Educational Documents with birth date mentioned

4) Copy of I-94

[JoeF]

Well, as I thought, the visa numbers ARE availble, but just for the select few. The squeaky wheel gets the grease. Well done!

That seems to be an invalid conclusion.

Do you know when USCIS requested visa numbers for the OP? If so, you must have really good connections into USCIS.

I really suggest you lay off on this stuff... Repeating wrong information doesn't make it true...

DOS told AILA that there are no visa numbers, according to posts by all good lawyers out there. It is not rocket science...

[bittulattu]

Congrats. They probably already had gotten visa numbers from DOS before DOS ran out of visa numbers.

huh?? I thought visa numbers are allocated after all the checks are done. How can they assign a visa number even before his RFE is verified? If his RFE verification was done prior to April, then they don't have to wait till now to approve his application.

[tusharvk]

Between 3/23 and 4/11, visas were available. but not since then. It is curious why it took so long for the OP's visa to be approved if they had requested it before 4/11.

hyd-09 can you please post the date of your 485 approval? is it in may 2012?

Then it goes against the general view that no visas are issued after 4/11.

[dm_neo]

Do you always need two affidavits for birth certificate? I've only one living parent and have obtained her affidavit (not received any RFE yet but preparing for it beforehand).

[JoeF]

huh?? I thought visa numbers are allocated after all the checks are done. How can they assign a visa number even before his RFE is verified? If his RFE verification was done prior to April, then they don't have to wait till now to approve his application.

A visa number is allocated when the CIS examiner asks DOS for a visa number. When that happens is to a large extent up to the CIS examiner.

Don't assume that is just happened a day before approval. Most of the time it happens way before approval.

The "day before approval" stuff only happens for cases where the I-485 is pre-adjudicated, and they only wait for the PD to become current (more accurately, they wait for visa numbers to become available.)

It is entirely possible and very conceivable that an examiner thought everything is ok and requests a visa number, and a supervisor later reviews the case and instructs the examiner to issue an RFE. I had an examiner ready to deny my citizenship application, but I insisted that the examiner checks with a supervisor, who had to look things up in the law himself before giving his ok. That I was able to wait out the decision (my session with the examiner took an hour instead of the usual 15 minutes) was just because I knew the law...

So, it wouldn't surprise me if the examiner in this case had everything ready for approval, but got overruled by a supervisor.

As always, use Occam's Razor. The simpler explanation is the more likely one. That's what you learn in a scientific education.

It is rather unlikely that DOS and AILA all were wrong and visa numbers would be available (what Belle claims). It is a way simpler explanation, and way more likely, that the examiner already had a visa number requested.

[pramak9]

Between 3/23 and 4/11, visas were available. but not since then. It is curious why it took so long for the OP's visa to be approved if they had requested it before 4/11. hyd-09 can you please post the date of your 485 approval? is it in may 2012? Then it goes against the general view that no visas are issued after 4/11.

I got the email on 5/7/2012 morning. It showed the status as "CARD/DOCUMENT PRODUCTION" for about an hour and then changed to "DECISION"

[pramak9]

Do you always need two affidavits for birth certificate? I've only one living parent and have obtained her affidavit (not received any RFE yet but preparing for it beforehand).

For Birth Affidavit, the recommended two affidavits are from Family friends or relatives NOT parents. So you can get affidavits from your uncle or aunt or any family friend who are atleat 18 years or older during your birth.

[Belle]

That seems to be an invalid conclusion.

Do you know when USCIS requested visa numbers for the OP? If so, you must have really good connections into USCIS.

I really suggest you lay off on this stuff... Repeating wrong information doesn't make it true...

DOS told AILA that there are no visa numbers, according to posts by all good lawyers out there. It is not rocket science...

Cognitive bias = insistence that one is right in the face of all evidence. I suspect, you have head the term. People feel uncomfortable when facts contradict their believes, and when it's facts vs. believes, believes unfortunately win every time.

[JoeF]

Cognitive bias = insistence that one is right in the face of all evidence. I suspect, you have head the term. People feel uncomfortable when facts contradict their believes, and when it's facts vs. believes, believes unfortunately win every time.

Occam's Razor. I suspect you have heard the term.

The simpler explanation is the more likely one.

DOS has told AILA that there are no more visa numbers available for EB2-I/C. They for sure know this better than you.

[spenumatsa]

I do not understand this. My son's GC was not approved due to lack of visa numbers. And this was in April and i got a letter from USCIS to that affect. My Priority date is Aug 2007. Me and my wife got our GC's while my son's wont be until Oct 2012. I am not sure how your GC was approved, that too in May when the visa numbers were exhausted in April.

[tusharvk]

I got the email on 5/7/2012 morning. It showed the status as "CARD/DOCUMENT PRODUCTION" for about an hour and then changed to "DECISION"

thank you for the post. congrats one more time.

No doubt your approval is a topic of intense debate in the forum given that all the visas are exhausted by 4/11.

[JoeF]

I do not understand this. My son's GC was not approved due to lack of visa numbers. And this was in April and i got a letter from USCIS to that affect. My Priority date is Aug 2007. Me and my wife got our GC's while my son's wont be until Oct 2012. I am not sure how your GC was approved, that too in May when the visa numbers were exhausted in April.

As I said in my posts on this thread, what most likely happened here is that the examiner had requested a visa number before the numbers were exhausted.

It is all simple. If a visa number was requested before they ran out, a case can be approved.

If there was a request for a visa number after the numbers ran out, a case can not be approved.

That's all there is to it.

[pramak9]

thank you for the post. congrats one more time. No doubt your approval is a topic of intense debate in the forum given that all the visas are exhausted by 4/11.

Indeed reading all these posts here, raise questions of at what point the visa numbers are allocated. There are many theories and assumptions. And i wonder no one can answer except USCIS. Sometimes i doubt of my approval.But I was little bit relaxed when my status changed back to "CARD/DOCUMENT PRODUCTION" and following message

Receipt Number: SRCXXXXXXXXXX

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Card/ Document Production

On May 9, 2012, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-XXX-XXXX

[pramak9]

thank you for the post. congrats one more time. No doubt your approval is a topic of intense debate in the forum given that all the visas are exhausted by 4/11.

On ********, I saw couple (EB2I) of them got approved in may 2012 and one EB2I on 5/7/2012 with PD june2007.

[Belle]

As I said in my posts on this thread, what most likely happened here is that the examiner had requested a visa number before the numbers were exhausted.

It is all simple. If a visa number was requested before they ran out, a case can be approved.

If there was a request for a visa number after the numbers ran out, a case can not be approved.

That's all there is to it.

Should I stoop to your level and suggest that you devulge your USCIS sources since you obviously know exactly how this hapenned?... Neah, that's just meaningless.